Turkey on Wednesday formally submitted a petition to intervene in South Africa’s genocide case against Israel over its military campaign in Gaza at the International Court of Justice (ICJ) in The Hague, the speaker of the Turkish parliament has announced on social media platform X.
The members of the parliamentary Justice Committee submitted the petition to the ICJ.
İsrail'in Uluslararası Adalet Divanında (UAD) soykırım suçuyla yargılandığı davaya müdahil olmak üzere TBMM Adalet Komisyonu Başkanı Cüneyt Yüksel, Avrupa Birliği Karma Parlamento Komisyonu Eş Başkanı İsmail Emrah Karayel, Anayasa Komisyonu Üyesi Cahit Özkan'dan oluşan heyetimiz…
— Numan Kurtulmuş (@NumanKurtulmus) August 7, 2024
Turkey’s request to intervene is grounded in Article 63 of the ICJ Statute, which permits states involved in interpreting a convention to participate in a case.
The ICJ will notify the parties involved in the case, South Africa and Israel, and request their written observations. The ICJ may hold oral hearings to decide on the admissibility of the intervention. The parties can submit written observations, with Turkey retaining the right to respond.
Other countries, including Nicaragua, Colombia, Libya, Mexico, Palestine and Spain, have also sought to intervene in the case. The ICJ has not yet ruled on these requests.
Article 63 has been used in previous ICJ cases. For instance, in Ukraine vs. Russia, the ICJ allowed 32 countries to intervene. Similarly, in Gambia vs. Myanmar, seven countries were permitted to intervene.
The case, initiated by South Africa on December 29, 2023, is ongoing. South Africa must submit its views by October 28, 2024, and Israel by July 28, 2025. Based on the ICJ’s history, the process could take four to five years.
Turkey’s submission comes amid the ongoing conflict between Israel and Hamas, with significant civilian casualties reported in Gaza.
Turkish Foreign Minister Hakan Fidan said on Monday Turkey had decided to join the case initiated by South Africa, which accuses Israel of committing genocide against Palestinians in Gaza, confirming that the formal submission would take place on Wednesday. This move follows Turkey’s announcement in May that it would participate in the case, stepping up measures against Israel over its military actions in Gaza, which have resulted in nearly 40,000 deaths according to local health officials.
The ICJ, in response to South Africa’s case, had earlier ordered Israel to refrain from actions that could be considered genocidal under the United Nations Genocide Convention. South Africa’s legal action claims that Israel’s conduct in Gaza violates the 1948 Genocide Convention, established post-Holocaust to prevent such atrocities.
Turkish President Recep Tayyip Erdoğan indicated in January that Turkey was compiling documentation to support the case at the ICJ. Thirteen countries have either joined or expressed their intention to join South Africa’s case against Israel. The ICJ allows states to intervene in cases to present their views.
Turkey’s decision to intervene follows criticism of its delayed response and accusations of negotiating with the United States, as expressed by Turkish opposition members like lawmaker Ömer Faruk Gergerlioğlu.
Although President Erdoğan uses strong rhetoric against Israel, accusing it of committing war crimes in Gaza, his government has faced criticism for not cutting off diplomatic and commercial relations with the country.
Ankara announced it had suspended all trade with Israel in May, but recent reports suggest that Turkey now disguises its exports to Israel by inflating figures on exports to Palestine, which surged 1,180 percent year-on-year in July.